Tanzania Case Law

CIVIL APPLICATION NO 01 16 OF 2024 JITESH JAYANTILAL LADWA ANOTHER VS DHIRAJLAL WALJI LADWA 2 OTHERS

Court

TANZLII

The application for stay of execution is granted because the applicants met all statutory conditions: the application was filed within time, substantial loss was demonstrated, and a sufficient undertaking for security was given. The High Court order is executable as it grants rights and directs actions affecting the applicants. The respondents' claim of bias was unfounded and did not meet the legal threshold for recusal.

Source excerpt

• Stay of execution
• Shareholder disputes
• Judicial recusal
• Company management
• Security for due performance

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DABENGO ENTERPRISES LTD AND DABENGO ENTERPRISES LTD MISC

Court

TANZLII

The court adopted the parties' settlement deed as a decree, marking the matter as settled, ordering payment and transfer of assets as agreed, and declaring the petitioner ceased to be a shareholder and director upon filing the deed.

Source excerpt

• Winding up of company
• Shareholder disputes
• Settlement of company disputes

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HOTEL CONTINENTAL VS LINDA SAMWEL MACHUNGU WINDING UP COMM CAUSE NO

Court

TANZLII

The petitioners and supporters, as majority shareholders and directors, had effective control of the company and access to internal remedies under the articles of association and the Companies Act. They failed to utilize these remedies and instead sought a winding up order on just and equitable grounds for issues arising from their own management. The court held that winding up is a remedy of last resort, only available when no alternative exists or when alternative remedies have failed. As the petitioners had not exhausted available remedies and were responsible for the alleged mismanagement…

Source excerpt

• Winding up of companies
• Just and equitable ground
• Shareholder disputes
• Corporate governance
• Alternative remedies
• Directors' duties

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medardus lucas geho vs property matrix company limited others 2022 tzhccomd 291 16 september 2022

Court

TZHCCOMD

A commercial division consent ruling registered a Deed of Settlement and marked the petition and cross-petition as fully settled.

• Unfair prejudice
• Shareholder disputes
• Directorship removal
• Company management
• Settlement agreements
• Company-law

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jitesh jayantilal ladwa another vs dhirajilal walji ladwa others 2022 tzca 290 18 may 2022

Court

TZCA

The Court of Appeal dismissed a review application, holding that no manifest error on the face of the record was shown and the prior ruling remained undisturbed.

• Review of court decisions
• Revisionary powers
• Interlocutory orders
• Shareholder disputes
• Court-of-appeal-review
• Manifest-error-on-the-face-of-the-record

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emmanuel michael kanyandege another v chrissostom christopher kaijage 2022 tzhccomd 48 25 march 2022

Court

TZHCCOMD

The High Court recorded a consent judgment in a shareholder unfair-prejudice petition after the parties settled and filed a deed of settlement.

• Unfair prejudice
• Shareholder disputes
• Settlement
• Consent decree
• Shareholder-disputes
• Unfair-prejudice

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chacha silas maisa 2 others vs komarera hertage gold mine company limited 2022 tzhccomd 60 15 march 2022

Court

TZHCCOMD

The High Court of Tanzania ordered winding up of Komarera Heritage Gold Mine Company Limited for failing to commence its main mining business within the statutory period.

• Winding up
• Failure to commence business
• Shareholder disputes
• Appointment of liquidator
• Company-law
• Winding-up

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anthony haji vs yasmine haji another 2021 tzhc 9188 13 december 2021

Court

TZHC

The High Court dismissed an application for temporary injunction, holding it was misconceived under section 2(3) of JALA because no pending suit or legal impediment was shown.

• Temporary injunction
• Mareva injunction
• Shareholder disputes
• Temporary-injunction
• Mareva-injunction
• Shareholder-disputes

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stanslaus masunga nkola and 2 others vs the board of directors nyarugusu mine company limited and others 2021 tzhc 5975 31 august 2021

Court

TZHC

BRELA is a necessary party to the proceedings as effective orders regarding company registration and shareholder status cannot be made in its absence; failure to join BRELA renders the petition incompetent and necessitates striking it out.

Source excerpt

• Necessary parties
• Non-joinder
• Jurisdiction
• Unfair prejudice
• Shareholder disputes

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jitesh jayantlal ladwa another vs dhirajlal walji ladwa others 2020 tzca 1927 24 december 2020

Court

TZCA

The Court of Appeal struck out a revision application, holding that the High Court’s dismissal of preliminary objections was interlocutory and not revisable.

• Interlocutory orders
• Revision jurisdiction
• Shareholder disputes
• Interlocutory-orders
• Revision-jurisdiction
• Appellate-procedure

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